BERKELEY COUNTY DOG
ORDINANCE
1. Legislative Authority
This
ordinance concerns the management and control of dogs in the County of
Berkeley, State of West Virginia, and is adopted under the authority of
Chapter 19, Article 20, Section 6(b) of the Code of West Virginia, as
amended.
2. Purpose
This
ordinance is enacted for the purpose of controlling and managing the
population of dogs in Berkeley County, West Virginia, outside of its
incorporated municipalities; to constrain dogs from attacking, wounding
or killing persons, livestock, and other domestic animals; to prevent
dogs from forming packs roaming wild in rural areas and posing a threat
to the health and safety of the citizens and their property; to better
prevent female dogs from having unwanted litters; to ensure safe clean
and humane conditions for all dogs captured by the county animal control
officers; to enhance the placement of captured dogs with responsible
citizens for the proper care, safe maintenance, and proper registration
of dogs and to control dog waste on public or private property.
3. Interrelationship Between Ordinance and State Code
This
ordinance is to be administered in conjunction and in addition to the
provisions of Chapter 19, Article 20, Code of West Virginia, entitled
"Dogs and Cats", which Article provides for the taxation and
registration of dogs, the kenneling of dogs, dog wardens, prosecution
and violation of dog ordinances, dog pounds, and the impoundment of
dogs; and, Chapter 19, Article 20A dealing with the vaccination of dogs
and cats and 20B dealing with spaying and neutering of dogs and cats;
Chapter 7, Article 10 of the Code, entitled "Humane Officers"
which Article provides for use of deputy sheriffs as humane officers,
the duties of those officers, the cruel treatment of animals, the care
and custody of abandoned, neglected, cruelly treated animals, hearings,
bonds and other matters concerning violation of animal ordinances; and,
Chapter 61, Article 8, Sections 19 - 23 of the Code, which provides for
the criminal prosecution for cruelty to animals, causing animals to
fight or attending such fights, the use of live birds for kill, search
warrants for suspected cruelty and abuse of animals.
All the above cited State Code provisions are hereby incorporated
by reference as though fully set forth herein.
4. Control of Dogs By Owners
All
dogs in the unincorporated areas of Berkeley County shall be kept under
control by the owner or supervisor of the dog.
Dogs not on property owned or leased by the owner of the dog
shall be kept on a leash. The County Animal Control Officers are hereby
authorized to seize dogs not on a leash if such dogs are not on property
owned or leased by the owner, and to hold such dogs at the county dog
pound for a period of five (5) days or until the owner of such dogs pays
the pound fees and costs due under section five (5) of this ordinance,
whichever is shorter. Dogs
not picked up by the owner within five (5) days shall become the
property of the county and destroyed by the animal control officer if no
responsible new owner is found.
Dogs
engaged in legal hunting activities, lawful training
activities, lawful herding or other farm related activities shall not be
subject to this section of the ordinance.
Any
dog which does not have a tag indicating that the applicable county
taxes or fees have been paid and/or any dog which does not have a tag
indicating that that particular dog has had its rabies' vaccination,
shall be considered uncontrolled and subject to seizure.
Owners
of dogs which are permitted to leave waste on public or private property
not his or her own should immediately remove and destroy the waste.
Owners who do not remove such waste from the public or private property
not owned or leased by them are guilty of a misdemeanor and shall be
fined not less than $50.00 nor more than $150.00, upon conviction.
Any dog which deposits waste on public or private property, which
property is not property owned or leased by the owner of the dog, is
subject to seizure.
5. Impoundment of Dogs and Fees for Such Impoundment
All
dogs seized and impounded as provided in this ordinance
shall be housed and fed in the county pound for a period of five (5)
days after notice of seizure and impounding shall have been given or
posted as required by Chapter 19, Article 20, Section 6 of the Code.
The fees for such impoundment shall be as follows:
Seizing
dog and delivery to pound.......................$42.00
Serving
or posting notice to owner..........................3.00
Housing
and feeding dog per day............................5.00
All
persons paying pound fees to the animal wardens shall be
given a receipt for the total sum collected.
Such receipt shall be signed and dated by the animal warden
collecting the pound fees.
If
any person does not pay the fees and costs assessed within 30 days of
the assessment, the County Commission may institute legal proceedings
for collection of the same, including all fees and costs expended in the
collection effort.
6. Definitions
Control:
Dogs shall be considered under control if they are on property owned or
leased by the dog owner, or if they are secured by a leash in other
circumstances.
Legal
Hunting Activities: In order for a dog to be engaged in a legal hunting
activity, the following provisions must apply:
The
property on which the hunting occurs must not be posted to prohibit hunting
The
game that is being hunted must be in season Those
persons hunting must be properly licensed to
do so, unless exempted by law.
7. Appeal
Any
person adversely affected by a decision of the County Commission shall
have the right of appeal to the circuit court. The petition for appeal
must be filed with the circuit court within four months of the entry of
the final order of the Commission. If such appeal is allowed, it shall be heard and a decision
made thereon upon the original record of the proceeding, all as defined
in § 58-3-4, Code of West Virginia, 1931, amended.
8. Severability
If
a court of competent jurisdiction declares any provision of this
ordinance to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are
expressly stated in the decision to be invalid or ineffective, and all
other provisions of this ordinance shall continue to be separately and
fully effective.
9. Effective Date
This
Ordinance, as amended,
shall be effective on and after
the
____ day of ________, 20___.
____________________________
Steven
C. Teufel, President
____________________________
Ronald
K. Collins, Commissioner
____________________________
William
L. Stubblefield, Commissioner
ATTEST:
John
W. Small, Jr., Clerk
